Moving abroad as a couple, finding love in a foreign country, and building a life together isn't always easy. And when you're an expat, feelings can be even more complicated. Sometimes, the journey together doesn't turn out as expected, and divorce becomes the only option. What can you do if you live in a country where getting a divorce is difficult?
Countries where divorce is prohibited or restricted
In the Philippines, for example, divorce is prohibited. While the Catholic Church's position on the issue has evolved (in 2015, Pope Francis believed that divorce is sometimes "morally necessary"), the Philippines, a predominantly Catholic country, upholds the rules of the Catholic religion. The measure affects all Filipino citizens, even those living abroad. A divorce granted abroad would not be recognized in the Philippines. On the other hand, a foreign divorce between a Filipino citizen and a foreigner will be recognized in the Philippines. Other forms of recognition exist but are limited to cases of abuse.The Vatican is the only other state that prohibits divorce. Until 2011, divorce was also illegal in Malta. But after a referendum in 2011, the Maltese voted "yes" to the right to divorce. In Sudan, women continue to demand their rights. The country's patriarchal laws still favor men. Divorce is no exception to this imbalance. In particular, women are challenging a "personal status law" that keeps them under the guardianship of their fathers or husbands. Despite reforms in 2020 following the popular uprising of 2018-2019 (which precipitated the fall of dictator Omal el-Béchir in April 2019), there is no solution in sight. Kept away from the negotiating tables, women demonstrated on April 8, 2021, to protest against laws that are still discriminatory.In Haiti, divorce is possible on the grounds of adultery, abuse and insult, the conviction of a "grievous and infamous punishment," legal separation, and "incompatibility of character." Other grounds for divorce may be recognized if they don't contradict Haitian public policy.
What are your options for a divorce?
The first step is to find out which laws apply in your host country and which apply in your home country. Depending on your nationality and that of your expat spouse, it may be possible to file for divorce in one or the other's country or in the spouse's country of habitual residence.Divorce in one's own country remains the right of any national married to a foreigner, whether or not the couple resides in the country of origin of the person seeking divorce. But beware: it is often necessary for the petitioner to bring the case to court first for the court to have jurisdiction. If the spouse has already brought the case before the court of their own country and that court has jurisdiction, the other party runs the risk of being unable to invoke the law of their own country.Also, check whether the grounds for divorce (e.g., mutual consent) are recognized in the other spouse's country. If the grounds are not recognized in the other country, the divorced couple risks still being considered spouses in that country. They would be forced to choose another procedure to have the divorce recognized.The cost of the divorce must also be considered. In France, a divorce by mutual consent can cost between 1,000 and 4,000 euros (about $1,090 and $4,370) and up to 8,000 euros (about $8,740) for a contested divorce. In the United States, the cost can rise to over $25,000. These are, of course, only indicative prices. Everything depends on the grounds for divorce, whether or not a lawyer is involved, and the complexity and length of the process. It is, therefore, essential to find out in advance about the legislation in the various countries. Of course, we don't advise you to think of divorce when you get married but rather to take precautions when divorce becomes the only possible outcome.
International divorce: What should you consider?
The first thing to keep in mind is that laws restricting divorce are more prejudicial to women's rights. Most divorce laws are based on prohibitions and restrictions, even when women are subjected to domestic violence. Another issue is the financial cost. In the Philippines, for example, only marriage annulment is available. Divorce is possible in rare exceptions (in cases of "mental incapacity" or "mental deficiency"), but the lengthy and costly legal process is accessible only to the very rich. The same restriction applies to requests for annulment. This constraint is exacerbated by the fact that the public prosecutor can always contest a divorce. Some women have reported having their divorce decree overturned by the public prosecutor, even though they had presented admissible grounds.There are also restrictions on the division of property, child custody and community property. Expat women can be even more vulnerable, especially if they don't speak the local language and have no support locally.That's why it's so important to agree on marital status. Under what regime was the marriage celebrated? What are the spouses' rights? The same caution applies to property acquired after the marriage. Who will own it in the event of divorce? Do both spouses' names appear on the housing contract? Does the married woman have access to essential documents (bank account, family record book, housing contract, car, etc.)? Has the host country signed the Hague Convention on the Protection of Children? Who will have custody?
Getting divorce abroad: Essential documents
Although the authorities in the country where the divorce is being finalized are free to request any documents they deem useful for the case, certain documents are essential. Each spouse must, of course, be in possession of their identity papers from their home country and their host country (residence card). The spouses must provide a full copy of the marriage certificate and contract (if one has been drawn up). Most of the time, a full copy of the birth certificate for each spouse and child is also required.Spouses also need to assess their financial situation. Each of them must have employment contracts and pay slips. Documents regarding outstanding loans must also be kept, as well as real estate contracts, although it might be difficult to get access to these documents. As mentioned above, legislation restricting divorce may also limit other rights for women. Therefore, finding out about the laws in the country you are moving to is essential.
